HomeMy WebLinkAbout10-16-84 CCMLAKE ELMO CITY COUNCIL MINUTES
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OCTOBER 161 1984'yT,.
The meeting was called to order by Mayor Eder at 7:00 p.m. in the City
Council chambers. Present: Dunn, Fraser (arrived 7:10 p.m.),
Mazzara, Morgan, City Administrator Klaers, City Engineer Bohrer.
1. Agenda
M/S/P Mazzara/Morgan - To approve the agenda as amended. Delete 7F 4
and 5, add 7G-1 Salary Ordinance, 7G-2 Election Judges, 7G-3 David
Nelson Preliminary Plat and Variances. (Motion carried 4-0).
2. Minutes: October 2, 1984
M/S/P Dunn/Mazzara - To approve the minutes of the 10-2-84 City
Council meeting as presented. (Motion carried 4-0).
3. Claims
M/S/P Dunn/Morgan - To approve claims #85343 thru 85379 as presented.
(Motion carried 4-0).
4. Waste to Energy Project update by Project Coordinator, Doug Wood.
Mr. Wood stated that Washington and Ramsey Counties started
negotiations with two vendors on October 4, 1984. The two vendors are
NSP which are associates of National Ecology, and Aenco which is a
subsidiary of Cargill Corporation. The Waste -to -Energy committee
meets with each of these firms twice a week. Mr. Wood anticipates
that this process will continue until December 7, 1984 when their
construction bids are required.
The first two items on the agenda of negotiations when these meetings
started were financing options and site options. There is a firm
committment from NSP in which they indicate they will be bidding their
facility to be located in Newport. Aenco is still studying the
Newport and Lake Elmo sites, however a representative from Aenco has
indicated they are leaning towards the Newport site. The primary
reason for this is that the property in Newport is owned by Cargill
(just adjacent to North Star Steel Corporation).
There are two primary reasons why NSP has elected the Newport site and
Aenco is leaning towards this site. The first reason is that the area
in Newport where this plant would be located is highly industrial and
the City of Newport is welcoming an RDF development there. The second
reason is the cost of the land and the land size requirement would be
substantially less.
Mr. Wood further stated that when he does receive the final word from
Aenco, he will inform the City Administrator and the City's
representative to the Waste -To -Energy Committee, Mike Mazzara.
LAKE ELMO CITY COUNCIL MINUTES 10-16-84 PAGE 2
The negotiation process is a two stage procurement process. The
Commissioners do have the option to end it if they want to select one
of these vendors. If they don't select one of these vendors, they
will go back to the mass burn option. However, the numbers and the
economics related to mass burn may still not be conducive to building
that type of facility because they were starting to get out of the
range that was acceptable for the Counties to participate, whereas the
RDF was significantly less expensive and within the range (although it
costs more in landfills) of what they expected an alternative to
landfills to cost.
The target schedule on the entire negotiation process is December 7th,
1984 because they are trying to determine if they can sell bonds by
the end of the year because of the federal restrictions on the use of
industrial development bonds. To do that, they would have to have the
bids and the signed agreements by December 7, 1984. The decision on
the site is anticipated to be finalized the week of October 22, 1984,
because when the vendors prepare their bid packages it has to be in
concert with what site they are going to build this facility on. The
burden is on the vendors to select a site as soon as possible so they
can prepare their c6struction bids. The committee is asking the
County Boards to make a decision by December 14, 1984.
Morgan stated he felt the advantages from the City of Lake Elmo's
point of view for the mass burn facility would be less truck traffic
and less residue to landfills, and the residue would probably be less
dangerous. The disadvantage would be the smoke coming out of the
stack.
Wood stated the residues from these facilites are somewhat different
because with RDF you produce a fuel and that fuel is being taken down
to Red Wing, so the ash residue will be down there. What they
separate out are metals, etc. that are not burned but taken to the
landfills (which would be taken to a landfill anyway). With a mass
burn facility, the residues are all in one group and then burned. and
you do have the opportunity to change the chemical components of the
materials. There are advantages and disadvantages to both options
that have to be weighed.
Morgan stated that a mass burn facility will destroy most of the
organic material, and that includes hydrocarbons, etc. that are
causing all of the problems.
Wood stated that with an RDF facility, an attempt will be made to
remove those materials, but obviously the solvents in the quantities
that they get will either be absorbed into the material left for
making ore, or will be treated and managed as a hazardous waste.
Eder pointed out that assuming that the RDF process is selected, the
only approved supported conditions by the Lake Elmo residents is the
mass burn facility. If something other than that is proposed for Lake
Elmo, we would have to talk about it again. He also asked if the
$75,000 that was requested for planning purposes in Section 32 if the
mass burn process started to move towards reality was still in the
budget. Wood responded that that amount is still in the budget.
i
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LAKE ELMO CITY COUNCIL MINUTES 10-16-84
PAGE 3
The City Engineer asked if the second vendor
still buy the RDF. Wood responded that the
alternative markets (not NSP).
is selected, will NSP
second vendor is offering
Mr. Wood further clarified that Cargill owns North Star Steel and
North Star Steel owns the site that Aenco proposes for this site. The
land acquisition process is not as involved as the Lake Elmo's site
would be. The site proposed by NSP is privately owned property, but
is owned by one person.
Bohrer asked if NSP was not able to negotiate for the purchase of the
land on which they propose to construct the RDF site, would the County
use their eminent domain powers to obtain this land. Wood responded
that subject has not yet been discussed, but is a common practice.
Bohrer stated that what he was alluding to is that when the Lake Elmo
site was being considered, a whole siting process went through and a
lot of time was spent on the EIS. It seems like this RDF got
fast -tracked somehow.
Wood responded the discussion on an RDF facility started over a year
ago, so it is not that fast. An EIS is required for any facility over
500 tons and will be done if the facility is located in Newport. One
EIS is being done that includes all of the alternatives, instead of
doing one for each option.
The Administrator stated that it seems like Lake Elmo is turning into
the second alternative and the Waste -to -Energy concept is turning into
a second alternative with the RDF as the number one choice, and asked
if this decision was based on economics or the best way to eliminate
the use of landfills.
Wood responded that RDF has a credible record. The facilities that
are running are running successfully. There have been some problems,
but they have been cured from experience. There was a facility in
Duluth that had problems, but that was a federal research project and
the federal government paid for it.
The Administrator asked if the County Commission elected to go with
the RDF system, would Lake Elmo be essentially eliminated.
Wood responded that if the second vendor selects the Newport site, and
if the%dounties elect to go with RDF, Lake Elmo would be elimiated.
Mazzara stated that economics has a lot to do with the decision to go
with the RDF alternative.
5. Peltier Rezoning Application from RR to I for 13 acres near
CSAH 17 along I-94 for office/warehouse/truck terminal
activities (continued from 10-2-84).
Mr. Peltier withdrew this application.
6. City Council Reports (None)
LAKE ELMO CITY COUNCIL MINUTES 10-16-84 PAGE 4
7. City Administrator's Report
A. Water Meter Reading Card Policy
The Council discussed the proposed Policy of Water Meter Readings and
asked that the following changes be made.
1. Those residents that notify the City office that they will be
on vacation will not be charged a penalty for not returning
their card.
2. Before the water is turned off, the resident should be
notified by certified mail of the City's intentions.
3. Reword the policy so it states that if a resident is
not returning the meter card, but is paying their water
bill, the water will not be turned off.
4. Check to see if the penalty charges are legal.
5. Reword "maintenance man" to "City employee".
The consensus of the Council is to table approval of this policy until
it is reviewed by the Council after the above revisions have been
made.
B. Snow Removal Contracts for 1984-85 Winter Season
The City received one bid for the winter snow plowing from the five
that were solicited. The one bid received is from Dan Olinger (who
did the work last year) and is asking for $70 per hour, approximately
$5 more per hour for the use of his equipment and his time than last
year.
Dunn suggested that we check with Mr. Olinger on the rate that will be
charged for a light snowfall. when the smaller machine is used.
M/S/P Dunn/Morgan - To accept the bid from Dan Olinger for the
1984/85 winter season snow removal. (Motion carried 5-0).
C. Setting City Council meeting date on Wednesday, November
7, 1984, instead of Tuesday, November 6, 1984 (Election Day)
M/S/P Dunn/Morgan - To reschedule the regularly scheduled Council
meeting in November from Tuesday, November 6, 1984, to Wednesday,
November 7, 1984. (Motion carried 5-0).
Fraser stated she will be out of town on November 7th and asked that
any deferable non -red-hot items be deferred from this November 7th
meeting.
D. Reconsideration of appointment to Cottage Grove Ravine
Watershed Commission.
The Council reviewed the letter from Tom Armstrong in which he asks
the Council to reconsider their appointment of the City Administrator
LAKE ELMO CITY COUNCIL MINUTES 10-16-84 PAGE 5
as representative to the Cottage Grove Ravine Watershed Commission;
and because of his background with this project to appoint him as the
representative.
M/S/P Fraser/Morgan - To appoint Tom Armstrong as the City's
representative to the Cottage Grove Ravine Watershed Commission and to
appoint the City Administrator as the alternate to this Commission.
(Motion carried 5-0).
E. National Guard Request
The Council reviewed the request from the Army National Guard in which
they ask that the City sponsor an ad in their publication that would
indicate the City's support of the National Guard Army.
M/S/P Eder/Mazzara - To advise the Army National Guard that the City
does not feel it appropriate to spend City funds for advertising, but
the City of Lake Elmo does support their efforts. (Motion carried
5-0).
F. Park Commission Recommendations
1.. Winter grooming contracts for ski trails.
M/S/P Morgan/Dunn - To enter into an agreement with Washington County
for the grooming of the cross country ski trails in Sunfish Park, as
recommended by the Parks Commission. (Motion carried 5-0).
2. Portable sanitary facilities in Sunfish Park for
1984/85 cross country skiing season.
M/S/P Morgan/Mazzara - To obtain a portable sanitary facility for
Sunfish Park for the cross country ski season, as recommended by the
Parks Commission.
3. Park Shelter Workers for 1985/85 winter season.
M/S/P Morgan/Mazzara - To advertise for and hire one Park Shelter
Supervisor at a wage not to exceed $3.75 per hour and to advertise for
and hire three Park Shelter Workers at $3.35 per hour, as recommended
by the Parks Commission. (Motion carried. 5-0).
G. Other
1. Ordinance for the increase in the City Council's salary.
The Administrator stated that on August 7th the City Council approved
an increase in salary from $1500 to $1800 per year for the Council
members and from $2000 to $2400 per year for the mayor. This increase
should have been done by adopting an ordinance, instead of just a
motion.
M/S/P Mazzara/Fraser - To adopt Ordinance 79 63 setting the wage of
the Mayor at $2400 per year and the wage of the City Council at $1800
( per year for 1985 or until thereafter revised. (Motion carried 3-1-1
<Dunn> <Morgan>).
LAKE ELMO CITY COUNCIL MINUTES 010-16-84
PAGE 6
Dunn stated he is against this increase because Council salaries are
in his opinion not a means of income for living. People put in just
as much time on the various commissions as they do the council and
they don't get paid, and sees no justification for the increase.
2. Election Judges for the November 6, 1984 General Election.
M/S/P Dunn/Morgan - To approve the election judges for the November
6, 1984 General Election as presented. (Motion carried 5-0).
3. Preliminary Plat and Variances Approval for David Nelson.
Previously, Mr. Nelson asked that an accessory structure remain on a
lot which is in excess of the size allowed; and to have the structure
be there prior to the primary structure. Mr. Nelson revised his
request and asked that the structure be allowed to remain until a
house is built on the lot.
The staff will draft the necessary agreement with Mr. Nelson to
incorporate this variance into a legally binding agreement.
M/S/P Fraser/Eder - To grant a variance to David Nelson to allow the
existing structure to remain until a house is built on the lot.
(Motion carried 5-0).
Mr. Nelson also asked for a variance to allow the size of the
accessory building to be in excess of what is allowed in that zone.
The existing structure is 2400 square feet and 1000 square feet is
allowed by code.
M/S/P Morgan/Mazzara - To grant a variance to David Nelson to allow
the size of the accessory building to be in excess of the maximum
allowed for that zone. (Motion carried 5-0).
The Engineer stated that the revised drainage computations have now
been received from Mr. Nelson. He finds them to be acceptable and in
accordance with City Standards. VBWD has not completed their review
and any approval by this Council should. be conditioned on VBWD
approval.
The Engineer recommended that two comments be incorporated into the
preliminary plat approval. These two comments can be addressed in the
construction plans and the final plat.
M/S./P Morgan/Dunn - To adopt resolution 84-57 approving the
preliminary plat for David Nelson,contingent upon: (1) The ponding
easement over Lot 3 should be revised slightly to better conform to
the 907 contour; and (2) The emergency overflow ditch from the
westerly ponding area should extend to the County Road 70 ditch and
should be located in its own easement if it cannot be accomodated in
the street right-of-way. (Motion carried 5-0).
LAKE ELMO CITY COUNCIL MINUTES 10-16-84 PAGE 7
4. Castle Design Update
The Engineer stated he has received correspondence from Kenneth
( Gervais, Vice President of Castle Design in which Mr. Gervais has
reconsidered his denial to allow the City to obtain a temporary
construction easement. Mr. Gervais states this request is acceptable
if (1) TKDA prepares the easement documents for their signature; and
(2) It shall be limited to a 30 day easement and construction is to
commence immediately and be completed in no longer than 30 days.
The Engineer discussed the second contingency with Dave Wisdorf, and
Dave has concerns with the weather conditions and the lateness of the
season.
Fraser suggested that we take the latter contingency and proceed in
the spring. It is unreasonable to expect this to be done this season.
Eder suggested that we advise Mr. Gervais that we are prepared to sign
this agreement in the spring and accept his offer.
Wisdorf estimates that under good conditions, it will take four or
five working days (with a three man crew) to complete this work.
The Engineer stated that Mr. Gervais has threatened to dump a load of
dirt over the end of the culvert that extends onto his property and
shut off the water that way.
The consensus of the Council is to have the Engineer draft a temporary
easement stating that the easement is in effect from April 15th to May
15th, 1985.
The meeting was adjourned at 8:25 p.m.
Ordinance 79-63 Salary Ordinance for Mayor and City Council
Resolution 84-57 - Nelson Preliminary Plat Approval
Since we do not have time to discuss every point presented, it may seem
that decisions are preconceived" However, background information is
provided for the City Council on each agenda item in advance from City
Staff and appointed Commissions; and decisions are based on this
information and past experiences. In addition, some items may also have
been discussed at previous Council meetings. If you are aware of
information that hasn't been discussed, please fill out a '/Request to
Appear Before the City Council" slip; or, if you came late, raise your
hand to be recognized. Comments that are pertinent are appreciated"
Items requiring excessive time may be continued to another meeting.
AGENDA
LAKE ELMD CITY COUNCIL
DCTOBER 16, 1984
7:00 p.m. Meetings Convenes
1, Agenda
2" Minutes: October 2, 1984
3. Claims
4" Presentations:
Waste -to
-Energy Project
update by
either
Project
Manager,
Doug Wood from
Washington
County
or Board
Member,
Mike Mazzara
5" Peltier Rezoning Application from RR to I for l3
acres near CSAH 17 along I-94 for office/
warehouse/truck terminal activities (continued
from 10-2-94)
6^ City Council Reports
7. City Administrator`s Report
A. Water Meter Reading Card Policy
B. Snow Removal Contracts for 1984-65 winter
season
C. Setting City Council meeting date on
Wednesday, November 7, 1984v instead of
Tuesday, November 6, 1984 (Election Day)
D. Reconsideration of appointment to Cottage
Grove Ravine Watershed Commission
F. National Guard request
F. Park Commission recommendations
l" Winter grooming contracts for ski
trails
2" Portable sanitary facilities in
Sunfish Park for 1984-85 cross
country skiing season
3. Park shelter workers for 1984`85
winter season
4. 1985 CIP plus 1986-89 CIF''
5" Other
G. Other
Gc)t-mc:j,.). Agendat itemiz cm.,
4. 5, 71.), 7F 1. & 2
All
oo
Ou S2
CITY of LAKE ELMO
MEMO
October 11, 1984
TO: MAYOR AND CITY COUNCIL MEMBERS
FR: PATRICK D. KLAERS, CITY ADMINISTRATOR
RE: INFORMATIONAL MATERIAL FOR OCTOBER 16 COUNCIL MEETING
1" This ��g��d�~fg�_+���.��tgb���_l6l984'[������i�g is fairly light
and should be a rather short meeting. However, everyone should be
aware that the November 7, 1984 agenda is quickly filling up. Agenda
items that are +enative for this November 7 meeting include a public
hearing on the amendment of our water ordinance to include the
restrictions on boating activities that was adopted in the spring of
this year by resolution; a public hearing to formally adopt the
ordinance accepting nominal 10 acre subdivisions which was approved by
a motion of the City Council when they considered the Danielson Large
Lot Subdivision; a review of the municipal water rates; a review of
the snow plowing routes and policy; public inquiries; the Building
nfficial`s contract; certify the election results; the Peltier Large
Lot Subdivision (if the rezoning is approved); and other material, if
the applicant is ready, for the Nelson Preliminary Plat;
Dickhausen/Loetcher simple lot subdivision and variance; Hanson
rezoning application and any shoreland permits that we receive" Enjoy
/ this short meeting on the 16th because it looks like the November 7
\
meeting will be quite lengthy"
2" Attached for your information is the most COGMA_City.NMMAter.
dated October 9, 1984,
3" Wish to inform the City Council that the following individuals
have filed for the gf�i��_gf_M��g�_��d_C�+�_�g���il " Mayor --
Council Member Dave Morgan and Mayor Maynard Eder, Council Member —
Incumbent Laura Fraser, Planning Commission Member John Schiltz,
Planning Commission Member Fred Nazarinan, Park Commission Member Rose
Armstrong, Park Commission Member Arlyn Christ, Roy Rossow and Ron
Smith" Because Councillor Dave Morgan is running for the office of
Mayor, the City of Lake Elmo is guaranteed at least one new Council
member who will begin a four year term in 1995"
Additionally, I would like to note to the Council that the Q@Qig[l
R[gggp@ with the new voting equipment has been going very smoothly.
There has been a number of training sessions with the judges and there
were very few problems experienced during the Primary in September"
The staff plans on having one additional informational and training
meeting with the head judges before the general Election on November
6, 1984^ l, as the appointed City Clerk, have the overall
responsiblity for conducting the elections; but, I have delegated much
of the responsibility for conducting the elections to Deputy Clerk,
Kathy Crombie" I would like to indicate that she has done an
excellent job in working with the judges and the County" We
anticipate that the General Election will go very smoothly and that
there will be no problems with the new equipment"
ORMATIONAi MATERIAL FOR nCTn9ER 16 COUNCIL MEETING PAG|
4" Attached for your information are the
from the Maintenance Foreman, Dave Wisdorfv the Fire Chief, Fran Pott
and from the Washington County Sheriff's Department..
5" Maintenance Foremanv Dave Wisdorf, has informed me that he has
received the Council approved ���dig�~���d~��t����_���h�� " He is
awaiting the arrival of the approved ����g~fg�^~th���d�����t�����k , This
should be recieved shortly before the snow plowing season begins later
this year. All three of these items were approved by the Council a
few meetings ago"
6. Attached for your information is a map indicating the streets
that are proposed to be striped in 1985" The
QEeptg is an on going program that is done by Washington County for
the City of Lake Elmo" The streets are evaluated on a yearly basis
and then a request is made to Washington County to do this work..
7" The City was informed by the Department of Health that the
quarterly W@t0C_QQ , evaluated by the Department of Health, showed
traces of bacteria" The Department of Health did a follow—up on the
water samples submitted and again bacteria was found. The City was
ordered to then do an emergency chlorination of the water system to
clear up the situation. This took place on October 4 and 5 of last
week and the situation has now been cleared up" Suprisingly, very few
phone calls were received from the residents concerning the color or
taste of the water for those few days" We do not anticipate any
furthe problems with bacteria and the Department of Health is
satisified with the most recent testing" They will he doing further
tests in the next few weeks to verify that the situation is still
cleared up"
S. Attached for your information is another piece of information
from the League of Minnesota Cities magagizine dealing with
MoacablP_Wg[th ^
9" Attached for your information are two "Fact Sheets" from
Washington County. These fact sheets deal with
These sheets are available in the entry way of the
City Office for the public"
10" Wish to inform the City Council that the Staff has again been
receiving numerous call concerning hUgti[lg in the City limits. As
in 1983, many of these call have been coming from Section 24" We have
informed the Deputies of these calls and asked them to give this area
special attention. Also, I have copied the Council discussion on this
topic, that took place last year, and sent it to a few residents who
have made inquiries about the Council policy"
As you may recall, we received a petition last year signed by 29
individuals from Section 24 requesting that hunting be banned in that
area. When this was discussed at a following meeting, the Council
Chamber was flooded with hunters who had obtained permission from land
owners in the area to hunt in that section of the City" Consequently,,
additional signs were placed in the area notifying individuals that
the Hunting Ordinance is enforced and that written, dated permission
must be obtained from property owners in order to hunt on their land,
INFORMATIONAL MATERIAL FOR OCTOBER 16 COUNCIL MEETING PAGE 3
11" Attached for your information is a letter dated October 2, 1984,
plus additional material relating to a �gt���+i�l~l��_���it regarding
/ an accident that took place near the eastern edge of the MSA project.
� This material has been forwarded to the City Attorney.
12. In the most recent City Newsletter, C��hl��_TV~A22gi�t����t was
tentatively on the agenda for this October 16 meeting" Upon further
review of the Cable TV appointment material, it was determined that
these appointments are made every two years and not annually;
therefore, no Council action is required on this issue and this item
is not on the agenda,
17. Attached for your information is a letter from the Washington
County Assessor regarding a P�g���t��o�l��^-�hg�t�Cg���� . He is
recommending that a Council member attend this course in order to
obtain a better understanding of the assessment process. He
recommends this as councils are commonly the Board of Review on
property assessments.
14. Attached for your information are three pieces of material which
relate to the change in the
MY, Two newspaper articles and the material from the Transit Board
indicate that the mil rate in Lake Elmo will be reduced by
approximately 1/2 mil for each property owner" This amounts to
approximately a $28,000 reduction in taxes received from the entire
City by the Transit Board" For each homeowner it is estimated that
this will result in approximately a $17 to $20 reduction in their
taxes..